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Webinar Archive Presentation

Presentation time: 60 minutes

Are you interested in or approved for the new Family Legal Advice Service? Are you a family legal aid lawyer and wanting to know how the Family Court Reforms and the review of the family fixed fees schedules affect you?

On 31 March 2014, family justice system changes come into effect. These changes include the new Family Legal Advice Service and changes to how Care of Children Act (CoCA) are managed. A review of all family fixed fees schedules has been completed and the revised fixed fees will also be implemented from 31 March 2014.

This webinar discusses the new government-funded Family Legal Advice Service, the changes to the availability of legal aid for CoCA cases and changes to the CoCA fixed fees schedule.

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Booklet

Abstract

This booklet describes changes that come into effect from 31 March 2014 that affect you as a family legal aid and/ or family legal advice service provider. The changes discussed result from both changes to the family justice system and from the recent review of the family fixed fees.

The Family Legal Advice Service has been established as part of family justice changes to provide initial advice and assistance with court entry forms for people on low incomes with care of children disputes. The funding assessment required for this service and administrative requirements, including recording required for payment are detailed inside this booklet.

The changes to the family justice system amend s 7A in the Care of Children Act 2004. In alignment with the CoCA amendment, s 7 of the Legal Services Act 2011 has been amended limiting where legal aid is available for CoCA proceedings.

The Family Fixed Fees Care of Children/Guardianship fees schedule applies to most family legal aid cases relating to disputes about the care of a child. This schedule will be replaced by a new Care of Children/Guardianship fees schedule that reflects the changes to CoCA proceedings which will be heard in the Family Court.

The major elements of the reform that impact on the delivery of Legal Aid Services are:

Fees have been added or removed

Changes affecting cross applications

Changes to family legal aid applications where there is more than one type of proceeding

Changes to pre-proceedings settlements

Transitional arrangements on and post implementation date

The family justice system changes do not apply to Hague Convention Cases and so these types of applications are not discussed in this booklet.

Final decisions on the review of the Family legal aid fixed fees were published on 10 March 2014. The main changes include the introduction of several new fees to close gaps in the schedules, and adjustments to fees for existing activities in the schedules. Other changes include an expansion of the disbursements policy and an increase in the number of pre-approved disbursements with greater clarity around when and how to apply for extra funding (Fixed Fees Plus).

Overall the review changes aim to reduce the level of paperwork and to ensure the fees reflect the work done by you at each stage.

The family fixed fees review has taken place at the same time as the family justice system changes. As such, this review has also changed some of the fees and activities in the Care of Children/Guardianship fees schedule.

PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 40

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